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Super Friends by Whitney Holwadel Smith is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Based on a work at Super Friends: Legal update

Tuesday, June 1, 2010

Legal update

I have contacted a new attorney who is considering taking the case in the matter of Whit's death. If he agrees to handle it, then a suit for wrongful death will be filed against the Federal Bureau of Prisons. My present attorney, who filed the FTCA (Federal Tort Claims Act) claim but has taken a new position and closed his private practice, will see me through the end of that process. It is anticipated that the BOP will deny that claim, thereby opening the door to the courts. Just to clarify, an FTCA claim asks for a large damages award based on an assertion of wrongful death (gross negligence etc.). The BOP can come back and say screw you, go away; or here's money for funeral expenses, go away; or theoretically even a larger sum up to the statutory limit. In any case there would be no admission of culpability on their part, and no additional facts or information concerning the circumstances of Whit's death or conditions/events leading up to it would be uncovered. That's what I am really after: the truth. The difficulty is that the BOP will literally lie over and over again, in ways large and small, they will destroy evidence, and perjure themselves in an attempt to hide the truth. No, I'm not making that up. Guards will lie, wardens will lie. Ask ANY attorney who has dealt with the federal government. And I've already experienced it repeatedly over the past 4 years in my own dealings with them.

As always, thanks to all of you who keep coming back to Whit's blog. It means more to me than you could possibly know.



cieldequimper said...

You know Jeff, that sounds vaguely familiar. Getting the truth out of them feels to me like an inhuman task. But we have to try.
Do keep us posted.

Nina the Internet sleuth said...

Hi Jeff,
Thanks for updating us... stay strong!

Anonymous said...

Jeff, Don't give up the good fight...stay on those that are corrupt..the truth shall come out sooner or later.

jessica lynn